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RESOLUTION NO. 2019- 023 <br /> A RESOLUTION OF THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, <br /> FLORIDA SITTING AS THE ENVIRONMENTAL <br /> CONTROL BOARD, DELEGATING CERTAIN <br /> AUTHORITY TO THE ENVIRONMENTAL CONTROL <br /> OFFICER TO SATISFY AND RELEASE <br /> ENVIRONMENTAL CONTROL HEARING BOARD LIENS; <br /> AND PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, Chapter 85-427, is a Special Act that was authorized by the Florida <br /> Legislature in 1985 to create the Indian River County Environmental Control Board which is made <br /> up of the five members of the Indian River County Board of County Commissioners (Board); and <br /> WHEREAS, Section 9 of Chapter 85-427 authorizes the Indian River County <br /> Environmental Control Board to appoint a five-member Environmental Control Hearing Board <br /> (Hearing Board),to conduct due process hearings into the merits of the alleged violations and, if <br /> necessary, to issue orders imposing civil penalties of up to $500 per day per violation against a <br /> person or entity found to be in violation of the Special Act; and <br /> WHEREAS, Section 16 of Chapter 85-427 states that any fine imposed by an order of the <br /> Hearing Board shall, upon expiration of the time for appeal and the filing of the underlying order <br /> with the clerk to the circuit court, become a statutory lien against any and all property of the <br /> respondent; and <br /> WHEREAS, because the satisfaction and release of the Hearing Board's liens which are <br /> paid in full is a non-discretionary,ministerial act,the public interest is served if the Environmental <br /> Control Officer has authority, concurrent with the authority of the Board, to satisfy and release <br /> Hearing Board liens which are paid in full. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY <br /> BOARD OF COUNTY COMMISSIONERS THAT: <br /> Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as <br /> findings of this Board. <br /> Section 2. The Board hereby delegates to the Environmental Control Officer the authority <br /> to satisfy and release Hearing Board liens which are paid in full. Such authority shall exist <br /> concurrently with the authority of the Board. <br /> Section 3. This resolution shall take effect immediately upon adoption. <br /> The foregoing resolution was moved for adoption by Commissioner Flescher , and <br /> seconded by Commissioner zorc ,and,upon being put to a vote,the vote was as follows: <br />